Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 46. WEAPONS
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Tex. Penal Code § 46.01 (2026)

Definitions

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Sec. 46.01. DEFINITIONS. In this chapter:

(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) tomahawk.

(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

(4) Repealed by Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 3, eff. September 1, 2021.

(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

(6) "Location-restricted knife" means a knife with a blade over five and one-half inches.

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

(8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.

(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

(10) Repealed by Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 2, eff. September 1, 2025.

(11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017.

(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

(13) "Hoax bomb" means a device that:

(A) reasonably appears to be an explosive or incendiary device; or

(B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.

(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

(15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code.

(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

(17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that:

(A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and

(B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device.

(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.

(19) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include:

(A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or

(B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.

(20) "First responder" means a public safety employee whose duties include responding rapidly to an emergency. The term includes fire protection personnel as defined by Section 419.021, Government Code, and emergency medical services personnel as defined by Section 773.003, Health and Safety Code. The term does not include:

(A) volunteer emergency services personnel;

(B) an emergency medical services volunteer, as defined by Section 773.003, Health and Safety Code; or

(C) a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1445, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 12A.001, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1199 (H.B. 4456), Sec. 1, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 1, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 1, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.07, eff. April 1, 2019.

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 10, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(40), eff. September 1, 2019.

Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 3, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 1026 (H.B. 1069), Sec. 7, eff. September 1, 2021.

Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 2, eff. September 1, 2025.

Notes of Decisions
Cited in 159 cases (12 in the last 5 years), 1982–2024 · leading case: Perez v. Lopez, 74 S.W.3d 60 (Tex. App.—El Paso 2002).
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Perez v. Lopez, 74 S.W.3d 60 (Tex. App.—El Paso 2002). · cites it 8× “See Tex. Pen.Code Ann. §§ 46.01, 46.06 (Vernon 1994).”
United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). · cites it 2× “” Tex. Penal Code Ann. § 46.01 (3) (West 2009).”
Adame v. State, 69 S.W.3d 581 (Tex. Crim. App. 2002). · cites it 2× “" [2] Tex. Penal Code Ann. § 46.01 (3) (2000).”
Walker v. State, 222 S.W.3d 707 (Tex. App.—Houston [14th Dist.] 2007). · cites it 4× “CONSTITUTIONAL VAGUENESS CHALLENGE Appellant contends in his fifth issue that Texas Penal Code section 46.01 is unconstitutionally vague.”
Lawrence v. State, 169 S.W.3d 319 (Tex. App.—Fort Worth 2005). · cites it 2× “” Tex. Penal Code Ann. § 46.01 (2) (Vernon 2003).”
Lewis v. State, 852 S.W.2d 667 (Tex. App. 1993). · cites it 5× “The term “short-barrel firearm” is defined as “[a] rifle with a barrel length of less than sixteen inches or a shotgun with a barrel length of less than eighteen inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than twenty-six…”
Jones, Ex Parte Richard Dewayne, 440 S.W.3d 628 (Tex. Crim. App. 2014). · cites it 2× “See Tex. Penal Code §§ 46.01 (defining prohibited weapons), 46.”
State v. Riddall, 811 P.2d 576 (N.M. Ct. App. 1991). · cites it 4× “§ 134-52 (1985); Tex.Penal Code Ann. § 46.01(11) (Vernon 1989); Wis.”
Williams v. State, 980 S.W.2d 222 (Tex. App.—Houston [14th Dist.] 1998). · cites it 2× “See TEX. PENAL CODE ANN. § 46.01(3) (Vernon 1994) (defining firearm); Mosely v.”
McIlroy v. State, 188 S.W.3d 789 (Tex. App.—Fort Worth 2006). · cites it 2× “Tex. Penal Code Ann. § 46.01 (3) (Vernon 2003) (emphasis added).”
Cargill v. Garland, 57 F.4th 447 (5th Cir. 2023). “, Tex. Penal Code § 46.01(9). 59 Case: 20-51016 Document: 00516601811 Page: 60 Date Filed: 01/06/2023 No.”
Lovett v. State, 523 S.W.3d 342 (Tex. App.—Fort Worth 2017). · cites it 2× “See Tex. Penal Code Ann. §§ 46.01 (3), (5), 46.”
Show all 159 citing cases →
Tex. Penal Code § 46.01(1): 4 cases
Chopps Jr., Alonzo v. State, 79 S.W.3d 258 (Tex. App.—Houston [14th Dist.] 2002).
Jackson v. State, 668 S.W.2d 723 (Tex. App. 1984).
Jackson v. State, 865 S.W.2d 259 (Tex. App.—Eastland 1993).
Michael Louis Anderson v. State, No. 10-07-00402-CR (Tex. App.—Waco May 6, 2009).
Tex. Penal Code § 46.01(10): 12 cases
Rodriguez v. Immigr. & Naturalization Serv., 9 F.3d 408 (5th Cir. 1993).
Lewis v. State, 852 S.W.2d 667 (Tex. App. 1993). “The term “short-barrel firearm” is defined as “[a] rifle with a barrel length of less than sixteen inches or a shotgun with a barrel length of less than eighteen inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than twenty-six…”
United States v. Diaz-Diaz, 327 F.3d 410 (5th Cir. 2003).
Cantu v. State, 802 S.W.2d 1 (Tex. App.—San Antonio 1990).
Ford v. State, 868 S.W.2d 875 (Tex. App. 1993).
Tex. Penal Code § 46.01(11): 3 cases
State v. Riddall, 811 P.2d 576 (N.M. Ct. App. 1991). “§ 134-52 (1985); Tex.Penal Code Ann. § 46.01(11) (Vernon 1989); Wis.”
Robertson v. State, 163 S.W.3d 730 (Tex. Crim. App. 2005).
Robertson, Trever, No. PD-0865-04 (Tex. Crim. App. May 18, 2005).
Tex. Penal Code § 46.01(11)(A): 1 case
Robertson v. State, 137 S.W.3d 807 (Tex. App.—Waco 2004).
Tex. Penal Code § 46.01(12): 1 case
Briggs v. State, 714 S.W.2d 36 (Tex. App.—Dallas 1986).
Tex. Penal Code § 46.01(13): 1 case
Mohamed ex rel. A.M. v. Irving Indep. Sch. Dist., 252 F. Supp. 3d 602 (N.D. Tex. 2017).
Tex. Penal Code § 46.01(14): 1 case
John Charles Martin v. State, No. 08-07-00150-CR (Tex. App.—El Paso June 17, 2009).
Tex. Penal Code § 46.01(16): 2 cases
Michael Shavon Bradley v. State, No. 08-12-00056-CR (Tex. App.—El Paso Oct. 30, 2013).
Michael Shavon Bradley v. State, No. 08-12-00055-CR (Tex. App.—El Paso Oct. 30, 2013).
Tex. Penal Code § 46.01(17): 1 case
Jones, Ex Parte Richard Dewayne, 440 S.W.3d 628 (Tex. Crim. App. 2014). “See Tex. Penal Code §§ 46.01 (defining prohibited weapons), 46.”
Tex. Penal Code § 46.01(2): 5 cases
Lawrence v. State, 169 S.W.3d 319 (Tex. App.—Fort Worth 2005). “” Tex. Penal Code Ann. § 46.01 (2) (Vernon 2003).”
Zarnow v. City of Wichita Falls, Texas, 500 F.3d 401 (5th Cir. 2007).
Lee Wayne Lawrence v. State, No. 02-04-00305-CR (Tex. App.—Fort Worth June 9, 2005).
Gary Lynn Ellis v. State, No. 14-10-01118-CR (Tex. App.—Houston [14th Dist.] Oct. 20, 2011).
Michael Shavon Bradley v. State, No. 08-12-00057-CR (Tex. App.—El Paso Oct. 30, 2013).
Tex. Penal Code § 46.01(3): 44 cases
Perez v. Lopez, 74 S.W.3d 60 (Tex. App.—El Paso 2002). “See Tex. Pen.Code Ann. §§ 46.01, 46.06 (Vernon 1994).”
Williams v. State, 980 S.W.2d 222 (Tex. App.—Houston [14th Dist.] 1998). “See TEX. PENAL CODE ANN. § 46.01(3) (Vernon 1994) (defining firearm); Mosely v.”
Lewis v. State, 852 S.W.2d 667 (Tex. App. 1993). “The term “short-barrel firearm” is defined as “[a] rifle with a barrel length of less than sixteen inches or a shotgun with a barrel length of less than eighteen inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than twenty-six…”
Brown v. State, 212 S.W.3d 851 (Tex. App.—Houston [1st Dist.] 2006).
Bollinger v. State, 224 S.W.3d 768 (Tex. App.—Eastland 2007).
Tex. Penal Code § 46.01(4): 1 case
Thomas Krausz v. State, No. 03-15-00110-CR (Tex. App.—Austin June 29, 2015).
Tex. Penal Code § 46.01(5): 6 cases
In re K. H., 169 S.W.3d 459 (Tex. App.—Texarkana 2005).
In Re Kh, 169 S.W.3d 459 (Tex. App.—Texarkana 2005).
Ford v. State, 868 S.W.2d 875 (Tex. App. 1993).
Barnes v. State, 714 S.W.2d 89 (Tex. App.—San Antonio 1986).
Pierre Alfaro v. State, No. 04-12-00324-CR (Tex. App.—San Antonio Mar. 6, 2013).
Tex. Penal Code § 46.01(6): 3 cases
Gray v. State, 51 S.W.3d 856 (Tex. App.—Texarkana 2001).
Ford v. State, 868 S.W.2d 875 (Tex. App. 1993).
In Re Ag, 292 S.W.3d 755 (Tex. App.—Eastland 2009).
Tex. Penal Code § 46.01(6)(A): 3 cases
Tracy Blaine Francis v. State, 445 S.W.3d 307 (Tex. App.—Houston [1st Dist.] 2013).
Thibodeaux v. State, 628 S.W.2d 485 (Tex. App.—Texarkana 1982).
Adrian Alexander v. State, No. 10-10-00279-CR (Tex. App.—Waco Apr. 18, 2012).
Tex. Penal Code § 46.01(6)(B): 1 case
Albert v. State, 659 S.W.2d 41 (Tex. App. 1983).
Tex. Penal Code § 46.01(6)(C): 1 case
Matter of AC, 949 S.W.2d 388 (Tex. App.—Dallas 1997).
Tex. Penal Code § 46.01(7): 4 cases
Brithe Thompson v. State, 408 S.W.3d 614 (Tex. App.—Austin 2013).
Gray v. State, 51 S.W.3d 856 (Tex. App.—Texarkana 2001).
Joseph Metcalfe v. the State of Texas, No. 10-19-00389-CR (Tex. App.—Waco Sept. 29, 2021).
John Mark Walker v. State, No. 10-11-00221-CR (Tex. App.—Waco Nov. 29, 2012).
Tex. Penal Code § 46.01(8): 3 cases
Maldonado v. State, 887 S.W.2d 508 (Tex. App.—San Antonio 1994).
Christopher Paul Morehouse v. State of Texas, No. 11-12-00012-CR (Tex. App.—Eastland Aug. 31, 2012).
Deyo ex rel. D.N. v. Tomball Indep. Sch. Dist., 144 F. Supp. 3d 905 (S.D. Tex. 2015).
Tex. Penal Code § 46.01(9): 2 cases
Cargill v. Garland, 57 F.4th 447 (5th Cir. 2023). “, Tex. Penal Code § 46.01(9). 59 Case: 20-51016 Document: 00516601811 Page: 60 Date Filed: 01/06/2023 No.”
Hollis v. Lynch, 121 F. Supp. 3d 617 (N.D. Tex. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.